An intoxicated driver recklessly drove his vehicle into a car being driven by a woman who was seven months pregnant. As a result of the accident, the woman’s baby was born prematurely, suffered from extensive brain damage, and died two days later. The state law defines a person as an individual “who has been born and is alive.” Nevertheless, the state prosecuted the intoxicated driver, and a jury found him guilty of manslaughter. Do you think an appellate court should uphold the defendant’s conviction? Why or why not?